http://journal.staincurup.ac.id/index.php/alistinbath/issue/feedAL-ISTINBATH : Jurnal Hukum Islam2018-07-23T05:23:20+07:00Busra Febriyarnibundabusra@gmail.comOpen Journal Systems<p style="text-align: justify;">AL-ISTINBATH: Jurnal Hukum Islam,</strong> Jurnal ini fokus pada studi Hukum Islam dan bertujuan untuk mengakomodasi dan mensosialisasikan ide-ide inovatif dan kreatif dari para peneliti, akademisi, dan praktisi yang peduli di bidang Hukum Islam. Dewan redaksi mengundang para ilmuwan, sarjana, profesional, dan peneliti dalam disiplin Hukum Islam untuk mempublikasikan hasil penelitian mereka setelah mekanisme pemilihan naskah, tinjauan resensi, dan proses pengeditan. Jurnal Al Istinbath diterbitkan setiap Juni dan Desember setiap tahun. Jurnal ini diterbitkan oleh Sekolah Tinggi Agama Islam Negeri (STAIN) Curup, online dan dicetak dua kali setahun, pada bulan Juni dan Desember. </p> ISSN (print) 2548-3374<br/> ISSN (online)2548-3382<br/><br/> Sekretariat: <br/> Labor Pengelolaan dan Penerbitan Jurnal Ilmiah (LPPJI)<br/> Sekolah Tinggi Agama Islam Negeri (STAIN) Curup <br/> Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 <br/> Curup Rejang Lebong Bengkulu 39119<br/><br/> E-mail: alistinbath@staincurup.ac.id<br/> Website: http://.journal.staincurup.ac.id/index.php/alistinbath<br/><br/>http://journal.staincurup.ac.id/index.php/alistinbath/article/view/420Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah2018-07-23T05:23:20+07:00Elfia Elfiaelfiapadang@gmail.comThis research is based on the desire to know the cause of rejection (resistance) of ulama to the concept of takharuj which isdeveloped in fikih Hanafiyah. The Hanafiyah scholar follows the way of takharuj (the removal of one or more beneficiaries from the heirs of the beneficiary in return for the benefit of other beneficiaries either by using his own property or from the heritage property. However,there is a weak point in the completion of the law so that scholars outside Hanafiyah refuse and do not practice it. This research is a library research by collecting and reading jurisprudence literature that contains the opinion of the major ulama and Hanafiyah scholars as the primary material. The approach used in this study is a normative approach. There is a resistance (rejection) of scholars to the concept of takharuj submitted by Hanafiyah scholars because takharuj is considered as a legacy sale but the object of trading is not yet or is not clear. This is contrary to the general principle of muamalah maaliyah. Besides, giving inheritance to the heirs before the person died, even though the purpose was to benefit the heirs, violates and conflicts with the prophecy of qath'i, and the principle of ijbari in inheritance.2018-06-29T21:24:49+07:00##submission.copyrightStatement##http://journal.staincurup.ac.id/index.php/alistinbath/article/view/367Pelaksanaan Eksekusi Hadhonah Bagi Pasangan Yang Bercerai Di Pengadilan Agama Curup Tahun 20162018-06-29T21:24:49+07:00Zainal Arifinzainal.naik@gmail.comThis research aims to give a identification about Hadhanah’s problems which were often separated with claims or divorce requests. The phenomenon of child custudy disputes for small regional areas such as in city of Curup is not understood yet by the public. The lack of understanding about it sometimes makes what has been decided by the court is not implemented by the parties concerned. This research was field research with qualitative approach. In assessing the primasy data obtained from the interview, the researcher used interative libraries such as the Alquran and hadith. From the research, it is found that, first the number of hadhanah’s case at Curupreligious court class I B in 2016 is one case with the case number 262/Pdt.G/2016/PA.Crp. Second, the exsecution of hadhanah’s case at curupreligious courts in class I B in 2016 has never been done because the public understanding of the execution is still lack, the cost of execution is quite expensive and the strength of family principles in solving problems. Last, the consistency of the level of execution ofhadhanah’s caseinCurup religious courts in class I B in 2016 can not be seen and can not be found. It is because there has never been any parties who have filed an appeal or a request for a cassation against hadhanah’s verdict.2018-06-29T21:24:49+07:00##submission.copyrightStatement##http://journal.staincurup.ac.id/index.php/alistinbath/article/view/419Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal2018-06-29T21:24:50+07:00Jurna Petri Roszipetriroszijurna@gmail.comThis article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of government's ambiguity in viewing illegal polygamy. The Government's doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.2018-06-29T21:24:50+07:00##submission.copyrightStatement##http://journal.staincurup.ac.id/index.php/alistinbath/article/view/406Penentuan Mut’ah Wanita Karir dalam Pandangan Hukum Positif Indonesia2018-06-29T21:24:50+07:00Sanuri Majanamajanasanuri@gmail.comThe purpose of this research is to know how to give mut’ah if the divorced woman is a career women; Whether the establishment is the same with ordinary women who are not career women. This research is a library research in which the secondary data were obtained from interviews using literature literature such as the Qur'an and hadith. Research begins by way of describing the description of the problems of the data obtained, then drawn conclusions with inductive techniques.In this article, it can be concluded the determination of mut’ahtalak for career women, that is first, the determination of mut’ahtalak for career woman in positive law view in Indonesia is based on propriety contained in article 160 KHI and applies not only to career woman. Sufficiency is worthy or not the amount for the wife in terms of husband's economic ability. Second, the determination of mut’ah for career woman based on propriety and ability of husband as in article 160 KHI. According to the jurisprudence of the judge,the propriety is reasonable whether or not the number is seen from the aspect of the husband's economic capability as well as the aspect of his wife, and also there are the customs prevailing in the environment of the relevant parties in accordance with surah al-Baqarah verse 236.2018-06-29T21:24:50+07:00##submission.copyrightStatement##http://journal.staincurup.ac.id/index.php/alistinbath/article/view/403Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah)2018-06-30T08:20:29+07:00Elkhairati Elkhairatielkhairati9@gmail.comThis article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).2018-06-29T21:24:50+07:00##submission.copyrightStatement##